Legal Opinion
Paul D. Edwards v. Phil H. Joyner, Investigator, Dekalb County Police Dept.
Court of Appeals for the Fifth Circuit
Decided January 27, 1978No. 77-2723PublishedCited by 18 opinions
1Per curiam
Paul D. Edwards, a Georgia state prisoner, brought a pro se civil rights action under 42 U.S.C. § 1983, alleging that defendant, a police official, had given false testimony at Edwards’ murder trial. The district court dismissed the action on March 25, 1977, on the ground that Edwards had failed to show that he had exhausted state remedies.
Notice of appeal was filed on July 11, 1977, well outside the thirty day period specified by Rule 4(a), Fed.R.App.P. This requirement is mandatory and jurisdictional, and absent compliance, the appeal must be dismissed. Gulf-Tampa Drydock Co. v. Vessel…
2Cases cited9 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Haines v. KernerSupreme Court of the United States · 1972
- John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1976
- John Fulford v. Frank Klein, Etc., Etc.Court of Appeals for the Fifth Circuit · 1977
- Hand v. United StatesCourt of Appeals for the Fifth Circuit · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tyrone SILAS, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
- James A. Latham, Marian E. Latham, Movant-Appellant v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 1993
- Ruth W. Gribble v. Patricia Roberts Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1980
- 22 Fair empl.prac.cas. 1173, 22 Empl. Prac. Dec. P 30,841 Murphy Smith, Jr. v. Missouri Pacific Railroad Company, Fred B. Fluitt, Intervenors-AppellantsCourt of Appeals for the Fifth Circuit · 1980
- Steelcase, Inc. v. Delwood Furniture Co.Court of Appeals for the Fifth Circuit · 1978
13 more not listed; retrieve them via the Exa API.